General Terms and Conditions of Business applicable to Hotel Customers
1. Subject Matter
TAgentur (hereinafter also called: “Broker” or “Agent”) shall act as an intermediary between the hotel and the customer (i.e. the guest of the hotel and / or the guest of the conference). It shall collect the requests of the customer, e.g. with respect to booking periods, types of board, lodging and catering, or technical equipment of the conference rooms and shall send these requests to various hotels for the purpose of asking them to submit corresponding quotations.These terms and conditions of brokerage shall apply to the brokerage activities and services of TAgentur. TAgentur only acts as an intermediary between the hotel and the customer (i.e. the guest of the hotel and / or the guest of the conference).In the event of a booking by the customer, the relevant contract shall be concluded exclusively between the customer and the specific hotel. Therefore the following terms and conditions shall exclusively apply to the brokerage activities and services of TAgentur and shall not have any effect whatsoever on the relationships governing the procured hotel services. For that purpose, the possibly included general terms and conditions of business of the respective contract hotel shall be applicable. As far as services of foreign hotels are procured, these contracts may be subject to foreign laws.Hence the respective lodging or service contract shall be concluded directly between the customer and the respectively selected hotel. The exchange of services within the framework of the lodging or service contract shall be performed exclusively in relationship between the customer and the hotel.
(1) In principle, the brokerage activities and services of TAgentur will be free of charge for the customers.
(2) Therefore TAgentur will only act, for a customer, on the basis of an exclusive broker agreement, i.e. in the event that such customer sends its inquiry about events only to TAgentur requesting it therein to procure a lodging / service contract.
(3) Any inquiries and bookings will be sent – via TAgentur in its capacity as a communicating messenger and on behalf of the relevant customer – to the respective hotels. The order of the customer, which is issued to TAgentur and requests the procurement of a lodging and / or service contract, can be placed in writing, verbally, by telefax, or through online services. As soon as TAgentur accepts the order issued in writing, by telephone, through online services or personally, a brokerage contract will be concluded between the customer and TAgentur. Such acceptance of the brokerage order by TAgentur may be performed in writing, verbally, by telefax, or through online services.
(4) The contractual obligation of TAgentur consists in the proper procurement of a lodging and / or service contract. The performance of the procured services shall not be part of the obligations assumed by TAgentur.
3. Change in Bookings / Cancellations
Prior to the start of an event, the customer can cancel the service at any time. In this respect, it should be pointed out that the respective hotels will charge cancellation fees, which amount up to 100% of the travel price (see corresponding notes of the respective hotel).The customer shall be obligated to accept the booked services at the agreed time and in accordance with the provisions of the respective hotel. In case of bookings, which are not canceled in good time, or in case of non-arrival, the hotel will bill cancellation fees.TAgentur reserves the right to exclude Internet users from further use, temporarily or permanently, and / or cancel availability requests or bookings if the e-mail address indicated by the customer was used several times in the past to send availability requests or bookings, which were not exercised by the Customer thereafter.
4. Liability of TAgentur in its Capacity as Broker / Agent
The information on procured services is exclusively based on the information supplied by the respective hotel to TAgentur; it does not constitute any representation of TAgentur vis-à-vis the customer. All information has been compiled with utmost care. However, no liability can be assumed for any errors that may occur when the data is entered and transferred.Therefore TAgentur does not take any responsibility for the correctness, the completeness, and the current state of the provided contents. In particular, the respective hotel alone shall be responsible for the information on prices and availability of rooms. To that extent, the customer shall discharge TAgentur from any liability in connection with the information that is supplied by the respective hotel. The same shall apply to incorrect information, which leads to overbooking. The liability of TAgentur comprises the careful selection of the respective hotel.
5. Information on Hotels
The information, which is supplied by TAgentur on the hotel (pictures, texts, maps, prices, etc.), have been examined by TAgentur to the best of its knowledge and judgment. The respective classification of hotels by stars awarded corresponds to the standardized hotel classification in accordance with common international practice. The data is based on information supplied by the respective hotel.
6. Restriction of Liability in Connection with Brokerage Activities and Services
Irrespective of the legal ground, TAgentur shall be liable only in case of wrongful intent or gross negligence. Concerning ordinary negligence, TAgentur shall only be liable as far as it charges the customer a fee for its brokerage activities and services or violates a cardinal obligation of the brokerage contract; in such a case, the liability shall be limited to the travel price. Concerning personal injuries, this restriction of liability shall not apply. The respective current version of the data protection directives shall be applicable.
7. Exclusion of Liability for Links
The following shall apply concerning all links: TAgentur has no influence on the design and contents of third-party web pages. Therefore TAgentur dissociates itself from all third-party contents even if TAgentur established a link on those third-party web pages.
8. Final Provisions
(1) It is agreed that Wiesbaden shall be place of performance for the mutual obligations arising from this contract for brokerage and place of jurisdiction.
(2) German law shall be applicable.
(3) Any collateral agreements, whether tacit, verbal, or written ones, have not been concluded. Any changes of, and supplements to, this contract shall require written form. The same applies to a cancellation of this stipulation requiring written form.
(4) In the event that individual provisions of these general terms and conditions of business were invalid or void, this shall not affect the validity of the remaining provisions. In such a case, the parties hereto shall agree a new regulation coming as close as possible to the meaning of the invalid one.
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